2026:JHHC:21325 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3908 of 2026 ------ 1. Sunil Kumar Yadav, aged about 45 years, son of Shyam Narayan Yadav, resident of Village Bijli Colony, P.O. Sahibganj, P.S. Jirwabari, District Sahibganj 2. Ram Bhajan Mandal, aged about 39 years, son of Gopal Mandal, resident of Nadhi Diayra, P.O. Ganga Prasad, P.S. Sahibganj Muffasil, District Sahibganj .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Ms. Priya Shrestha, Special P.P. ------ 02/20.07.2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioner are apprehending their arrest in connection with Tinpahar P.S. Case No.162 of 2025, registered for the offence under Sections 316(2), 316(5), 318(4), 338, 336(3) and 3(5) of Bhartiya Nyaya Sanhita, 2023, pending in the court of learned Sub Divisional Judicial Magistrate, Rajmahal. 3. Learned counsel appearing for the petitioners submits that the petitioners are the Panchayat Secretaries and the allegations are made of using JCB and other equipment in discharging of the MGNREGA scheme. He further submits that the B.D.O., Taljhari conducted an enquiry pursuant to the order of the Deputy Development Commissioner and he has given the report contained in Annexure- 3 that there are irregularities however, financial embezzlement has not been alleged. He next submits that Junior Engineer and Mukhiya have been granted anticipatory bail by this court in A.B.A. No.3521 of 2026 and A.B.A. No.3574 of 2026 respectively. He also submits that the petitioners are having no criminal antecedent as disclosed in para 19 of the petition 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of utilizing JCB in executing the 2026:JHHC:21325 scheme of MGNREGA. He submits that in view of that anticipatory bail may kindly be rejected. 5. Considering that Annexure-3 is the document which prima facie suggests that only allegation is made of irregularities and there is no allegation of embezzlement of fund and the petitioners are said to be Panchayat Secretaries and two of the accused persons have been granted anticipatory bail by this court in the aforesaid A.B.As. and it has been pointed out that the petitioners are having no criminal antecedent as disclosed in para 19 of the petition, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned court within two weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rajmahal, in connection with Tinpahar P.S. Case No. 162 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 20.07.2026 Anit Uploaded 20.07.2026